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Home My WebLink About2021-04-28 AAB Minutes City of Palm Springs Page 1 Wednesday, April 28, 2021 Minutes of the Special Meeting of the Administrative Appeals Board Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER A Special Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, April 28, 2021, at 5:00 p.m. ROLL CALL Present: Board Members Oliver Cleary, Stephen Moses, Wayne Sinclair, Vice Chair Jocelyn Kane, Chair Michael Paonessa, and Alternate Board Member Ken Hedrick Incoming Board Member Patrick Basile Absent: None. City Staff Present: Jeff Ballinger, City Attorney, Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; and Anthony J. Mejia, City Clerk COMMISSION TRAINING Jeffrey Ballinger, City Attorney, reviewed applicable ordinances and regulations under the Administrative Appeals Board purview; responded to Board inquiries. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 5:25 p.m. Respectfully submitted, ________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: 05/26/2021 Regular Meeting Minutes Administrative Appeals Board April 28, 2021 City of Palm Springs Page 2 Wednesday, April 28, 2021 Minutes of the Regular Meeting of the Administrative Appeals Board Pursuant to Executive Order N-29-20, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. CALL TO ORDER A Regular Meeting of the Palm Springs Administrative Appeals Board was called to order by Chair Paonessa on Wednesday, April 28, 2021, at 5:30 p.m. ROLL CALL Present: Board Members Oliver Cleary, Stephen Moses, Wayne Sinclair, Vice Chair Jocelyn Kane, Chair Michael Paonessa, and Alternate Board Member Ken Hedrick Incoming Board Member Patrick Basile Absent: None City Staff Present: Jill Tremblay, Deputy City Attorney; Patrick Clifford, Executive Program Administrator; and Anthony J. Mejia, City Clerk 1. ACCEPTANCE OF THE AGENDA By consensus, the Board accepted the Agenda as presented. PUBLIC COMMENT None. Regular Meeting Minutes Administrative Appeals Board April 28, 2021 City of Palm Springs Page 3 APPEAL HEARINGS 2. RECONSIDERATION OF THE APPEAL OF THE ADMINISTRATIVE DECISION THAT KEVIN DICKSON IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 940 E. PALM CANYON DR., UNIT 207, PALM SPRINGS, CALIFORNIA City Clerk Mejia presented the staff report and responded to Board inquiries. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 4-1 (CHAIR PAONESSA VOTING NO), to reconsider the appeal of the Administrative Decision that Kevin Dickson is permanently ineligible to operate a vacation rental in the City of Palm Springs and the administrative fine of $5,000 for operating an unregistered vacation rental property located at 940 E. Palm Canyon Drive, Unit 207, Palm Springs, California. 3. APPEAL OF THE ADMINISTRATIVE DECISION THAT KEVIN DICKSON IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 940 E. PALM CANYON DR., UNIT 207, PALM SPRINGS, CALIFORNIA Chair Paonessa noted that the appeal hearing was opened and closed on March 24, 2021. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER CLEARY, CARRIED 3-2 (BOARD MEMBER SINCLAIR AND CHAIR PAONESSA VOTING NO), to adopt Resolution No. 0190 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF KEVIN DICKSON FOR THE PROPERTY LOCATED AT 940 E. PALM CANYON DR., UNIT 207, PALM SPRINGS, CALIFORNIA,” overturning the administrative decision that Kevin Dickson is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 940 E. Palm Canyon Dr., Unit 207, Palm Springs and the fine of $5,000. 4. OATH OF OFFICE OF NEWLY-APPOINTED BOARD MEMBER PATRICK BASILE City Clerk Mejia administered the Oath of Office to newly-appoint Board Member Patrick Basile. The Board expressed gratitude to outgoing Board Member Cleary for his nearly four years of service. Board Member Cleary left the meeting. Regular Meeting Minutes Administrative Appeals Board April 28, 2021 City of Palm Springs Page 4 5. APPEAL OF THE ADMINISTATIVE CITATIONS A6576 AND A6492 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1005 E LA JOLLA RD, PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officers Nabhan and Smith presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened the Appeal Hearing. Luz Delgadillo, Senior Portfolo Manager, Oranj Palm Vacation Homes, representing the Appellant, advised that the property has been operating as a vacation rental for three years, noting that they have only received four citations during the period; pointed out that three of the citations were related to parking violations; summarized their efforts to inform guests about local regulations, noting that guests must sign an acknowledgement; advised that the music was barely audible and below the decibel levels outlined in the City’s noise ordinance; urged the Board to overturn the suspension. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. During the course of discussion, the Board pointed out that vacation rentals are prohibited from having noise audible beyond the property line and that the City’s noise ordinance is not applicable to vacation rentals. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER BASILE, CARRIED 5-0, to adopt Resolution No. 0191 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF ORANJ PALM VACATION HOMES ON BEHALF OF PROPERTY OWNER KAINO CALTER FAMILY TRUST REGARDING THE PROPERTY LOCATED AT 1005 E. LA JOLLA RD., PALM SPRINGS, CALIFORNIA,” upholding the administrative citations A6576 and A6492 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 1005 E. La Jolla, Palm Springs. Regular Meeting Minutes Administrative Appeals Board April 28, 2021 City of Palm Springs Page 5 6. APPEAL OF THE ADMINISTRATIVE DECISION THAT MELINA ROUMBOS IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 AND THE ADMINISTRATIVE FINE OF $10,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 949 VISTA DUNES, PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officer Nabhan presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened the Appeal Hearing. Melina Roumbos, Appellant, stated that her husband suddenly had a stoke upon purchasing the home and she needed to rent the property to help pay the mortgage; advised that she was unaware that a vacation rental registration permit is required in Palm Springs and that the Homeowners Association prohibits vacation rentals; explained that she hired an assistant to manage the vacation rental bookings and website listings while she cared for her husband; reported that she deleted the AirBnB listing upon receiving the first citation; reported that her assistant responded to the officer’s inquiry on VRBO; pointed out that she sold the home to help pay for medical bills and urged the Board to overturn the citations. In response to Board inquiry, Mrs. Roumbos advised that she failed to instruct her assistant to delete the VRBO listing because she was occupied with caring for her husband and child. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Board Member Basile pointed out that the appellant was required to sign an acknowledgment of the Homeowners Association’s Conditions, Covenants, and Restrictions (CCRs) which prohibit vacation rentals. Chair Paonessa noted that the appellant had an opportunity to avoid a second citation but failed to notify her assistant to remove all advertisements. MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to: 1. Adopt Resolution No. 0192 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF MELINA ROUMBOS FOR THE PROPERTY LOCATED AT 949 VISTA DUNES, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0299 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANAENT INELIGIBILIY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Melina Roumbos is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 949 Vista Dunes, Palm Springs, and the fine of $5,000. Regular Meeting Minutes Administrative Appeals Board April 28, 2021 City of Palm Springs Page 6 2. Adopt Resolution No. 0193 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF MELINA ROUMBOS FOR THE PROPERTY LOCATED AT 949 VISTA DUNES, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0311 ISSUED IN THE AMOUNT OF $10,000 AND THE PERMANAENT INELIGIBILIY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Melina Roumbos is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 949 Vista Dunes, Palm Springs, and the fine of $10,000. 7. APPEAL OF THE ADMINISTRATIVE DECISION THAT ADRIJANA BORKOVIC IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 AND ADMINISTRATVIE FINE OF $10,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 2880 N. SUNRISE WAY, PALM SPRINGS, CALIFORNIA Executive Program Administrator Clifford and Code Enforcement Officers DeAvila and Smith presented the staff report, summarized staff’s investigatory methods and issuance of the citation, and responded to the Board inquires. Chair Paonessa opened the Appeal Hearing. Tim Householder, Desert Luxury Estates, representing the Appellant, asserted that his company submitted a vacation rental registration permit around March 2020, prior to the COVID-19 closure; urged the Board to overturn the citations. In response to Board inquiries, Mr. Householder asserted that his staff failed to follow-up on the status of the permit and posted the property on the company website; agreed that his staff should have removed the listing after the first citation, but they failed to do so. There being no others desiring to speak on this item, Chair Paonessa closed the Appeal Hearing. Board Members Sinclair and Basile stated that the vacation rental management company is responsible for failing to follow-up on the status of the permit prior to listing the property as a short term vacation rental. Regular Meeting Minutes Administrative Appeals Board April 28, 2021 City of Palm Springs Page 7 MOTION BY BOARD MEMBER MOSES, SECOND BY BOARD MEMBER SINCLAIR, CARRIED 5-0, to: 1. Adopt Resolution No. 0194 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF TIM HOUSEHOLDER ON BEHALF OF ADRIJANA BORKOVIC FOR THE PROPERTY LOCATED AT 2880 N. SUNRISE WAY, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0290 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANAENT INELIGIBILIY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Adrijana Borkovic is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2880 N. Sunrise Way, Palm Springs and the fine of $5,000. 2. Adopt Resolution No. 0195 entitled, “A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF TIM HOUSEHOLDER ON BEHALF OF ADRIJANA BORKOVIC FOR THE PROPERTY LOCATED AT 2880 N. SUNRISE WAY, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0301 ISSUED IN THE AMOUNT OF $10,000 AND THE PERMANAENT INELIGIBILIY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS,” upholding the administrative decision that Adrijana Borkovic is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 2880 N. Sunrise Way, Palm Springs and the fine of $10,000. OTHER BUSINESS: 8. APPROVAL OF MINUTES: By consensus, the Board approved the Regular Meetings minutes of February 24 and March 24, 2021. 9. DISCUSSION REGARDING THE RESPONSIBILITY OF VACATION RENTAL MANAGEMENT COMPANIES IN RELATION TO VACATION RENTAL CITATIONS Board Member Hedrick and Chair Paonessa summarized their recommendations about holding vacation rental management companies accountable when a rental receives a citation. Following discussion, MOTION BY BOARD MEMBER SINCLAIR, SECOND BY VICE CHAIR KANE, CARRIED 5-0, to submit the Administrative Appeals Board’s recommendation to the City Council related to the responsibility of vacation rental management companies in relation to vacation rental citations. Regular Meeting Minutes Administrative Appeals Board April 28, 2021 City of Palm Springs Page 8 10. BOARD MEMBER COMMENTS AND REQUESTS None. 11. CITY ATTORNEY’S REPORTS AND COMMENTS None. 12. CITY CLERK’S REPORTS AND FUTURE MEETING DATES City Clerk Mejia provided an update on future meetings. ADJOURNMENT The Administrative Appeals Board meeting adjourned at 7:20 p.m. Respectfully submitted, ________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY THE ADMINISTRATIVE APPEALS BOARD: 05/26/2021